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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1918
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my wife which I have two children, I

Resolved Question:

I am separating from my wife which I have two children, I want to stay in the house but she want to also. Because she will be looking after the children mainly does this mean she is entitled to the house even though she can not afford to pay for it?
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-How old are the children?
-What is the value of the property, and what is the outstanding mortgage?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 3 months ago.
I'm 27 my wife is 33
We have been married for 3years
Children are 2years old and 1month old.
The value of the property is approx £225000 with and outstanding mortgage if £158250 and £45,000 government help to buy loan. We have no other assets together. She has a half military pension.
I earn 35,000 and she earns 18,000.
Expert:  Harris replied 3 months ago.

Thanks for confirming. Given this is the only asset, and her low income and plan to care for both children as the main carer she will have a strong case to apply for the court to make an order for her and the children to remain in the property until a certain time (eg. until the children reach a certain age) thereafter for it to be sold and equity to be divided between you. Until, and if such an order is made you are entitled to continue occupying the property despite the separation.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1918
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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